Question
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Jul 4, 2009, 06:34 AM
| | New Member | | Join Date: Jul 2009
Posts: 5
| | | KY Evection Process I need to know if a landlord can throw out my belongs with only a 7 day notice. | | | | | | |
Answers
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Jul 4, 2009, 06:53 AM
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#2
| | Über Member
Join Date: Sep 2007 Location: dark side of moon, Pa
Posts: 16,919
| Are you already evicted?
Give some dates.
I do believe he has to give you 30 days from your eviction date. |
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Jul 4, 2009, 10:27 AM
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#3
| | New Member
Join Date: Jul 2009
Posts: 5
| I was given a 7 day notice last on the 25th of June. We had an agreement that I would make payments for the balance that I owed for June because I had been in the hospital due to a termial illness (which he was aware of when I signed my lease in Jan). He threaten to toss everything in the trash this coming Monday. |
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Jul 4, 2009, 10:28 AM
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#4
| | Über Member
Join Date: Sep 2007 Location: dark side of moon, Pa
Posts: 16,919
| Did you move out?
He has to give you a written eviction and THEN go to court and get a formal court eviction after the written eviction.
Tell him you know the law and what he is doing is illegal and you will take him to court. |
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Jul 4, 2009, 10:31 AM
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#5
| | New Member
Join Date: Jul 2009
Posts: 5
| I am still in the apartment. I am going to leave a letter on his door tonight. Thanks for your help. |
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Jul 4, 2009, 10:33 AM
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#6
| | Über Member
Join Date: Sep 2007 Location: dark side of moon, Pa
Posts: 16,919
| Do not leave and tell him to go through the proper procedure or he is opening the door to your suing him.
IF you get all paid up by the time he gets you to court he can not evict you either. |
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Jul 4, 2009, 10:37 AM
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#7
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,639
Pay to call ScottGem for advice ($.75/min) | KY law requires a 7 day pay or quit notice that gives you 7 days to bring your rent up to date. After the 7 days have expired, the landlord must then file for an eviction order in court. At that point, a hearing will be scheduled and you can still pay in full prior to the hearing. If you haven't paid then the court will issue an eviction order with an effective date. Only if you still haven't vacated by that date can the landlord have you removed. And even thenm it has to be done by a sheriff, not the landlord themselves.
If he does throw out your belongins before the court issue an order, you will have a case of illegal eviction that you can sue him over. |
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Jul 4, 2009, 10:59 AM
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#8
| | New Member
Join Date: Jul 2009
Posts: 5
| Thanks so much for all your help I was worried about what I was going to do with all my things. I have enough to cover the rent now but he would not take it yesterday when I saw him yesterday |
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Jul 4, 2009, 11:31 AM
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#9
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,639
Pay to call ScottGem for advice ($.75/min) | If he served you with a pay or quit notice, then he has to accept the payment as long as it brings you up to date. If he still refuses, then show proof that you offered the money and explain that to the judge at the hearing. |
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Jul 4, 2009, 12:59 PM
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#10
| | New Member
Join Date: Jul 2009
Posts: 5
| There was several witnesses present when I offered him the money. |
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